Does ADA Apply to Websites?
Yes. Courts have consistently held that websites of businesses open to the public are 'places of public accommodation' under ADA Title III. The Department of Justice (DOJ) has repeatedly affirmed that ADA applies to websites and mobile applications. There is no website traffic minimum or business size exemption. If your business is open to the public and has a website, ADA likely applies.
ADA Title II vs Title III
ADA has different titles covering different entities:
Title II covers state and local government websites and services
Title III covers private businesses open to the public (places of public accommodation)
Title I covers employment, including accessible internal systems
Both Title II and III require accessible websites, with slightly different enforcement mechanisms
Technical Standard: WCAG 2.1 AA
While ADA doesn't specify a technical standard, the DOJ and courts consistently reference WCAG 2.1 Level AA as the appropriate benchmark. WCAG (Web Content Accessibility Guidelines) is published by the W3C and provides specific, testable success criteria. Meeting WCAG 2.1 AA provides strong evidence of accessibility compliance and defense against ADA claims.
What Must Be Accessible
All aspects of your website and digital presence should be accessible:
All website pages and functionality
Mobile websites and responsive designs
Mobile applications
PDF documents and downloadable content
Video and multimedia content (captions, audio descriptions)
Third-party widgets and embedded content
Online transactions and forms
Customer service features including chat
DOJ Rulemaking
The DOJ proposed rules in 2023 specifically addressing web accessibility under ADA Title II (state and local governments). The proposed rule would require WCAG 2.1 Level AA compliance within 2-3 years of final rule publication. While Title III (private businesses) rulemaking is pending, courts already enforce accessibility requirements without waiting for specific rules.
Compliance Steps
To achieve and maintain ADA website compliance:
Conduct a comprehensive accessibility audit against WCAG 2.1 AA using tools like A11yScan
Prioritize and remediate identified accessibility issues
Implement continuous monitoring to catch new issues
Publish an accessibility statement and provide feedback mechanisms
Train content creators and developers on accessibility
Include accessibility in vendor contracts and procurement
Document your accessibility efforts and progress
Accessibility Statement Requirements
While not technically required under ADA, an accessibility statement demonstrates good faith and provides helpful information. Include: commitment to accessibility, standards you're working toward (WCAG 2.1 AA), known limitations, and contact information for accessibility issues. A11yScan can help generate accessibility statements based on your compliance status.